Comparative law Books

Book SynopsisAndrew Ashworth is Fellow at All Souls College at the University of Oxford, UK.Juan Ignacio Piña Rochefort is Professor of Criminal Law at the Pontifical Catholic University of Chile.

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Book SynopsisThis is a time when the rule of law is seriously challenged, when governments threaten deliberately to break the law, and the independence of justice is jeopardised by unrelenting pressure from both the executive and the media. This book aims at contributing to restoring trust in judges as custodians of the law and justice, through a comparison between Civil and Common Law countries. It offers a rare opportunity to gather the expertise of eminent judges and legal authorities from five different countries, providing a unique insight into their work and the way they deliver justice based on their respective professional experience and practise of the law. Far from being a highly technical debate between experts, however, the book is accessible to students and the general public, and raises important contemporary legal issues that involve them both as citizens, with justice as a shared aspiration, and a common attachment to the rule of law.Trade Review"This impressive collection of essays is an important reminder of the pressures to which the rule of law is subject. The expert contributors, speaking from a wide range of different perspectives, demonstrate how these challenges can be overcome and, in the process, provide valuable insights into how judges and justice work." --Lord Lloyd-Jones, Justice of the Supreme Court of the United Kingdom -- Lord Lloyd-Jones, Justice of the Supreme Court of the United Kingdom"This collection of essays is a timely analysis of the centrality of an independent judiciary to a democracy. It offers a powerful insight into the pressures as they arise in Canada, Denmark, England, France, Spain and Wales, and a cross-jurisdictional approach to issues such as diversity, political neutrality and training." --Lord Thomas of Cwmgiedd, Lord Chief Justice of England and Wales 2013–17 -- Lord Thomas of Cwmgiedd, Lord Chief Justice of England and Wales 2013–17Table of ContentsList of Abbreviations Introduction: Judges’ common threats and challenges, Elizabeth Gibson-Morgan Part One: Judicial Independence Chapter One: Reflections on judges in civil law and common law countries, Lord Judge Chapter Two: A Customary Scale of Punishment; Judicial Sentencing in England and Wales, Victor Bailey Chapter Three: National perceptions of Judges and Lawyers in the UK, Matthias Kelly Chapter Four: Judicial independence in Spain, Ana Maria Neira-Pena and David Soto Diaz Part Two: Judicial Diversity Chapter Five: Diversity and Judicial Independence in Denmark, Peter Gjørtler Chapter Six: Diversity and Judicial Independence in Quebec and Canada, Michel Morin Part Three: Access to Justice Chapter Seven: Judging access to justice: the case of the United Kingdom and France, Géraldine Gadbin-George Chapter Eight: Demystifying the laws and the work of judges in Wales, Milwyn Jarman Part Four: Judicial training reform Chapter Nine: The status and influence of judges of France and of common law jurisdictions: Recruitment, training and reform, Winston Roddick Chapter Ten: The Declaration of Judicial Training Principles: Judicial Training ‘as part of the judicial role’, Benoît Chamouard Conclusion: Elizabeth Gibson-Morgan Bibliography Index

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Book SynopsisThis important collection of essays is at the cutting edge of contemporary research on Roman law, comparative law, and legal history. The international and distinguished group of authors address some of the most lively contemporary problems in their respective fields, and provide new perspectives and insights in a wide range of areas. With a firm focus on texts and contexts, the papers come together to provide a coherent volume dedicated to one of the greatest contemporary Romanists, legal historians and comparative lawyers. The book covers Professor Watson's main fields of interest in a clear and accessible form, while also making available the scholarship of some individuals who do not normally publish in English. This fully-indexed volume will be of interest to all scholars and students of Roman law, ancient Jewish and Chinese law, legal history and comparative law, and will be useful for teaching and research in these fields.Trade ReviewLes lecteurs jurists seront sans doute captivs par cette tude de la problmatique des institutions anciennes dans le contexte de leur influence et de leurs rapports avec le droit actuel. A. M. Revue Internationale de droit Compare March 2001 The challenge for the cataloger is providing access to the many fine essays in an eclectic work. Gretchen Feltes International Journal of Legal Information June 2002Table of ContentsRoman law: was acceptilatio an informal act in classical Roman law?, Hans Ankum; solutio and traditio, J. L. Barton; actor and defendant in negatoria servitutis, L. Capogross Colognesi; some reflections on history and dogma as jurists' tools, Guiliano Crifo; D.33.1.20.1 (scaevola 18 dig.) revisited, Robert Feenstra; death, taxes and status in Pliny's "Panegyricus", Jane F. Gardner; translation and interpretation, William M. Gordon; the case of the deliberate wine spill, Herbert Hausmaninger; de jurisprudentia, Neil MacCormick; pigs, boars and livestock under the lex aquilia, Grant McLeod; "galba negabat", A.D. Manfredini; partes iuris, Theo Mayer-Maly; unus testis nullus testis, Antonino Metro; unpardonable crimes - fourth century attitudes, O.F. Robinson; the praetor hoist with his own petard - the palingenesia of Digest 2.1.10, Alan Rodger; maiestas in the late republic - some observations, Robin Seager. Other ancient laws: oral establishment of dowry in Jewish and Roman law - d'varim haniknim ba'amira and dotis dictio, Ranon Katzoff; cause, status and fault in the traditional Chinese law of homicide, Geoffrey MacCormack; the septuagint as nomos - how the Torah became a "civic law" for the Jews of Egypt, Joseph Meleze Modrzejewski; basics of Roman and Jewish intestacy, Reuven Yaron. Transplants, receptions and comparisons: the education and qualification of civil lawyers in historical perspective - from jurists and orators to advocates, procurators and notaries, Hans W. Baade; the moveable text of MacKenzie - bibliographical problems for the Scottish concept of institutional writing, John W. Cairns; restitution, repetition, recompense and unjustified enrichment in Scots law, Robin Evans-Jones; John Adams and the whale, Andrew Lewis; Leibniz's "Elementa Iuris Civilis" and the private law of his time, Klaus Luig; classifying crimes, R.A.A. McCall Smith; the shifting focus of adoption, Joseph W. McKnight; girth - society and the law of sanctuary in Scotland, Hector L. MacQueen; descendit ad inferos - and Belial sued Jesus Christ for trespass, Eltjo Schrage; saving souls through adoption - legal adaptation in the Dutch East Indies, A. J.B. Sirks; legal chance and Scots private law, Joe Thomson; quod raro fit, non observant legislatores - a classical maxim of legislation, Andreas Wacke; Kasper Manz, a German jurist in the seventeenth century - a man of theory and practice, Gunter Wesener; a note on regulae luris in Roman law and on Dworkin's distinction between rules and principles, Laurens Winkel.

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Book SynopsisThis is the second edition of Professor Tushnet’s short critical introduction to the history and current meaning of the United States’ Constitution. It is organised around wo themes: first, the US Constitution is old, short, and difficult to amend. Second, the Constitution creates a structure of political opportunities that allows political actors, icluding political parties, to pursue the preferred policy goals even to the point of altering the very structure of politics. Deploying these themes to examine the structure f the national government, federalism, judicial review, and individual rights, the book provides basic information about, and deeper insights into, the way he US constitutional system has developed and what it means today.Trade Review...worthy of the highest recommendation for public and college library judicial studies shelves. * Midwest Book Review: Library Bookwatch *Table of ContentsINTRODUCTION 1. AN OVERVIEW OF THE HISTORY OF THE US CONSTITUTION From the Revolution to the Bill of Rights The Early National Period The Crisis over Slavery and the Civil War The Late Nineteenth Century and the Growth of the Modern State The New Deal Crisis and the New Constitutional Regime From the Reagan Revolution to the Present Conclusion Further Reading 2. THE CONSTITUTIONAL POLITICS OF THE LEGISLATIVE BRANCH Congress: Its Basic Structure and Roles The American Party System Political Parties and the Written Constitution Conduct of Elections Legislative Districting and Gerrymandering Candidate Selection and Gerrymandering Campaign Financing Constitutional Politics within Congress Conclusion Further Reading 3. THE CONSTITUTIONAL POLITICS OF THE EXECUTIVE BRANCH The President as Party Leader The President’s Role in Legislation The Unitary Executive and the Modern Administrative State The Unitary Executive in Foreign Affairs Conclusion Further Reading 4. THE CONSTITUTIONAL POLITICS OF THE JUDICIAL BRANCH Judicial Selection Judicial Review and Judicial Supremacy Political Constraints on the Jurisdiction of the Federal Courts Doctrinal Constraints on the Jurisdiction of the Federal Courts Standing Conclusion Further Reading 5. FEDERALISM AND THE REACH OF NATIONAL POWER State Governments and the US Constitution The Emergence of (Nearly) Plenary National Power The So-Called ‘Federalism Revolution’ of the 1990s and Beyond Federalism and the Spending Power Conclusion Further Reading 6. THE SUBSTANCE OF INDIVIDUAL RIGHTS UNDER THE CONSTITUTION The Starting Point Pragmatic and Realist Critiques The New Deal Reconstruction The Emergence of Modern Liberalism: Autonomy and Accommodation Lawyers and Rights Litigation: The Development of Support Structures Political Parties and Social Movements From Congress to the Courts: The Venues for Rights Protection The ‘Backlash’ Thesis Constitutional Rights in the Twenty-First Century Further Reading 7. THE PROCESSES OF CONSTITUTIONAL CHANGE Formal Amendments Substance Constitutional Interpretation as a Mechanism of Constitutional Change Interpretive Methods: An Introduction Conclusion Constitutional Moments and Constitutional Change Constitutional Moments Concluding Thoughts Further Reading

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Book SynopsisPatent Transactions in the Life Sciences is designed to provide guidance on the structure and detail of those agreements in the life sciences sector that are based on its most import assets - patents and know-how. As a companion to Intellectual Property in the Life Sciences, it is intended to cover the practical what, where, why and when of patent transactions in this sector, under the leading legal regimes. The book explains the rights that underpin life sciences transactions and describes the architecture, features and purpose of those transactions. It covers issues from the basics of a licence and assignment to complex agreements. The book also explores the types of deal that commonly feature in the industry at the corporate level and how patents fit in. Associated issues of licence disputes, competition rules, securitisation, insolvency and taxation are also examined. This new guide will be a valuable resource for lawyers, in-house counsel and other professionals advising on transactions in the life sciences industry, particularly where they have global reach.Table of ContentsIntroduction 5 Paul England Taylor Wessing Looking ahead to 13 the unitary patent Paul England Taylor Wessing Belgium 19 Philippe de Jong Christophe Ronse ALTIUS Canada 35 Rory Cattanach Kevin Fritz Wildeboer Dellelce LLP Noel Courage Bereskin & Parr LLP China and Hong Kong 51 Joanna Chan Lewis Ho Monique Lee Dechert LLP Denmark 85 Klaus Ewald Madsen Christian Bennet Rosenbak Bech-Bruun France 99 Laetitia Benard Allen & Overy LLP Germany 121 Nicole Battistini-Kohler Manja Epping Michael Gaul Christof Hohne Matthias Hulsewig Anja Lunze Steffen Wirsing Taylor Wessing India 153 Disket Angmo Fiona Desouza Jose Madan Khaitan & Co Israel 169 Uri Fruchtman Liad Whatstein Dr Shlomo Cohen & Co Italy 191 Luca Trevisan Trevisan & Cuonzo Japan 209 Frederick Ch'en Eiichiro Kubota Hogan Lovells Netherlands 237 Carreen Shannon Deterink South Korea 255 Mikyung Choe H Joon Chung Yoon Young Huh Ji Eun Kim Jongguk Pak Kim & Chang Sweden 271 Jennie Klingberg Odd Swarting Setterwalls Switzerland 285 David Broenimann Christoph Heiz Simon Holzer Kilian Scharli Andrea Sieber Meyerlustenberger Lachenal United Kingdom 303 Malcolm Bates Colin McCall Louisa Penny James Stewart Tim Worden Taylor Wessing LLP United States 343 Chuck Larsen Anita Varma Ropes & Gray LLP About the authors 373

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Book SynopsisThis book is the first in the world to provide a cross-national, comparative exploration of omnibus legislation. It contributes to the global debate over omnibus legislation and offers comprehensive, thorough and multifaceted coverage that concerns the fields of legislation and legisprudence, comparative law, political science, public policy and economics. Beyond its relevance for these fields, the book will support practitioners in parliaments, governments and courts, thereby impacting the actual use of omnibus legislation.A new, major and controversial reform is enacted in the middle of the night. It is buried in a massive omnibus bill hundreds of pages in length, which is rammed through the legislative process at breakneck speed. The legislators receive the final version of the bill in the very last minute, and protest that they’ve had no opportunity to read it in detail and know what they’re voting upon. The majority party’s legislative leaders, however, are unimpressed, and the law is eventually passed on the basis of strict party discipline.Though it may sound far-fetched, this scenario is all too familiar in many legislatures around the world. The legislative practice of combining numerous unrelated measures in one long bill, which is often passed via a highly expedited process, has become a matter of intense debate and criticism in many countries.Trade Review“One of the main merits of the volume is that it not only describes and discusses omnibus legislation, but also provides useful and valuable observations and suggestions for its regulation. … Bar-Siman-Tov’s seems to have achieved his goal of provide valuable insights for practitioners in addition to contributing to scientific debates on this topic. The drafters and enactors of legislation, such as politicians, parliamentarians, legislative drafters, and parliamentary officials are strongly advised to peruse this book … . Bar-Siman-Tov’s book provides an excellent basis, as well as useful suggestions … .” (Noémi Sebők, International Journal of Parliamentary Studies, November 8, 2021)“Policymakers, public sector lawyers, and legislative drafters will welcome this book if for no other reason than enabling them to confirm to themselves, and to explain to others, that they are not alone in facing and resisting increasing political pressures towards the use of omnibus legislation. … this book will remain a helpful starting point for those wishing to marshal experience and arguments. The authors and editor have therefore done us a great service.” (Daniel Greenberg CB, Statute Law Review, Vol. 42 (3), October, 2021)Table of ContentsIntroduction: Comparative Multidisciplinary Perspectives on Omnibus Legislation.- Part I. Common Law Jurisdictions.- Omnibus Legislating in Congress in the 21st Century.- Due Process in Unorthodox Lawmaking: Statutory Interpretation in the Age of Legislative Complexity.- The Single-Subject Rule in the American States.- However questionable, omnibus legislation is here to stay.- Part II. Civil Law Jurisdictions.- Omnibus legislation in Spain: political expediency, doctrinal condemnation, and judicial indulgence.- The practice of omnibus laws in Belgium: an empirical test.- When rationalization of bureaucracy de-rationalizes legislatures: ‘Monster bills’ in France.- Omnibus legislation and maxi-amendments in Italy: How to circumvent the constitutional provision requiring to approve the bills 'article by article'.- Omnibus Legislation in Germany - A Widespread and yet Understudied Lawmaking Practice.- Part III. Mixed Sytem Jurisdictions.- Omnibus Legislation in Israel: The Interaction of Law, Politics, Economics and Judicial Review.- Centralization via Delegation: Analysis of the Israeli Arrangement Law.- The Economic Arrangements Law - Can The Knesset Learn From Other Countries That Contend With Omnibudget Laws?.- Part IV. Living Without Omnibus Legislation.- (Absence of) Omnibus Legislation in Sweden: when legislative drafting affects the political discourse Mauro Zamboni.

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Book SynopsisThis open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.Table of Contents

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Book SynopsisMale-dominated law and legal knowledge essentially characterized the whole of pre-modern history in that the patriarchy represented the axis of social relations in both the private and public spheres. Indeed, modern and even contemporary law still have embedded elements of patriarchal heritage, even in the secular modern legal systems of Western developed countries, either within the content of legislation or in terms of its implementation and interpretation. This is true to a greater or lesser extent across legal systems, although the secular modern legal systems of the Western developed countries have made great advances in terms of gender equality. The traditional understanding of law has always been self-evidently dominated by men, but modern law and its understanding have also been more or less “malestreamed.” Therefore, it has become necessary to overcome the given “maskulinity” of legal thought. In contemporary legal and political orders, gender mainstreaming of law has been of the utmost importance for overcoming deeply and persistently embedded power relations and gender-based, unequal social relations. At the same time and equally importantly, the gender mainstreaming of legal education – to which this book aims to contribute – can help to gradually eliminate this male dominance and accompanying power relations from legal education and higher education as a whole. This open access textbook provides an overview of gender issues in all areas of law, including sociological, historical and methodological issues. Written for students and teachers around the globe, it is intended to provide both a general overview and in-depth knowledge in the individual areas of law. Relevant court decisions and case studies are supplied throughout the book.Trade Review“This book is highly pertinent to the fields of comparative and international education … . This book conveys a remarkable amount of solid legal information; simultaneously, it inspires new appraisal and contestation of the legal status quo in many countries. It is a precious source of material for class discussion and future research on multiple issues. For its intellectual and pedagogical contributions, this book highly merits inclusion in one’s digital library as a constant companion.” (Nelly P. Stromquist, Comparative Education Review, Vol. 67 (4), November, 2023)Table of ContentsIntroduction by Mareike Fröhlich, Thomas Giegerich and Dragica Vujadinovic.- Part I Gender in a General Context: Gender Issues in Comparative Legal History by Una Divac, Maurilio Felici, Pietro Lo Iacono, Nina Kršljanin and Vojislav Stanimirović.- Feminist Political and Legal Theories by Antonio Álvarez del Cuvillo, Fabio Macioce and Sofia Strid.- Gender and Structural Inequalities from a Socio-legal Perspective by Eva Bermúdez Figueroa, Valerija Dabetić , Raquel Pastor Yuste and Zara Saeidzadeh.- Feminist Judgments by Marco Evola, Ivana Krstic and Fuensanta Rabadán Sánchez-Lafuente.- Gender Research and Feminist Methodologies by Zara Saeidzadeh.- Part II Gender in a Public Context: Human Rights Law through the Lens of the Gender Perspective by Marco Evola, Julia Jungfleisch and Tanasije Marinkovic.- The Evolving Recognition of Gender in International and European Law by Rigmor Argren, Marco Evola, Thomas Giegerich and Ivana Krstic.- Gender Equality Aspects on Public Law by Marko Davinic, Eleonor Kristoffersson and Tanasije Marinkovic.- Gender Perspective of Social Security Law by MªAngustias Benito and Carmen Jover Ramírez.- Gender Equitable Taxation by Marco Cedro, Eleonor Kristoffersson, Teresa Ponton Aricha and Lidija Živković.- Public Policies on Gender Equality by Vanesa Hervías Parejo and Branko Radulović.- Gender Competent Criminal Law by María Acale Sánchez, Ivana Marković and Susanne Strand.- Gender Perspective of Victimization, Crime and Penal Policy by Beatriz Cruz, Natalija Lukić and Susanne Strand.- Part III Gender in a Private Context: Gender Equality in the Different Fields of Private Law by Amalia Blandino, Letizia Coppo, Gabriele Carapezza Figlia, Snežana Dabic and Katarina Dolovic.- Gender Competent Family Law by Ivana Barac, Amalia Blandino, Letizia Coppo, Giampaolo Frezza, Uros Novakovic, Fuensanta Rabadán and Zara Saeidzadeh.- Labour Law and Gender by Thais Guerrero Padrón, Ljubinka Kovačević and Mª Isabel Ribes Moreno.- Integrating Gender Equality in Economics and Management by Lydia Bares Lopez, Francesca Costanza, Manuela Ortega Gil and Sofia Strid.- Gender, Business and the Law by Mareike Fröhlich, Tatjana Jevremović Petrović and Jelena Lepetić.

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Book SynopsisThe challenges that labour law currently faces are well known. The emergence of new forms of work and the growing importance of technology in the age of the Fourth Industrial Revolution are important tests of the resilience of this field of law and its function: regulating the labour market. Therefore, it is becoming increasingly important to examine the fundamentals of labour law, especially how subordinate labour is addressed in various countries’ constitutions, in order to focus the analysis of the new phenomena affecting labour relations on their fundamental frameworks.In this context, this book puts forward an overarching framework that reflects how the Italian, German, French, Portuguese, and Spanish constitutions view labour in terms of both collective and individual relations – particularly the right to collective bargaining, the right to strikes and lock-outs, job security, and the right to remuneration – without losing sight of each Constitution's historical and political context.The aim of this book is therefore to provide an overview of the labour law frameworks in the constitutions of these legal systems and to show, by means of practical examples, how the law concretely implements them. Accordingly, it provides notes on the legal treatment of the topics analysed, serving as a practical guide for the study of these matters in the respective jurisdictions.This book will be of interest to all students and scholars of labour law looking for an overview of the topics covered in all five jurisdictions.Table of Contents 1.Introduction.- 2.Constitutionalisation of Labour Law.- 3.Horizontal application of fundamental rights.- 4.Collective Labour Law.- 5.Individual Labour Law.

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Book SynopsisThis book provides a fresh perspective on resolving sovereign debt disputes within the investor-state mediation framework. In response to the limitations of traditional approaches to adjudicating public debt issues and the resulting gaps in international law concerning sovereign defaults, creditors have increasingly turned to investor-state treaty arbitrations to recover unpaid debts. However, this shift has raised numerous criticisms and concerns.Accordingly, this book explores the uncharted territory of utilizing mediation as a means to settle sovereign debt claims. It sheds light on the distinctive characteristics of mediation as a process, setting it apart from judicial litigation and private arbitration, and emphasizing the unique outcomes it can generate. The central argument of this book is that mediation should be seriously considered as a viable option for resolving sovereign debt disputes. Not only does it offer a more cost-effective and expeditious approach, but it also has the potential to facilitate economic recovery and sustain continued investment.Table of ContentsChapter 1. Introduction.- Chapter 2. Historical And Legal Framework.- Chapter 3. Mediation.- Chapter 4. Mediating Sovereign Debt Disputes.- Chapter 5. Conclusion.

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Book SynopsisDer Einfluß der amerikanischen Besatzungsmacht auf die Entstehung des Gesetzes gegen Wettbewerbsbeschränkungen (GWB) ist die Geschichte eines weitreichenden Konfliktes unterschiedlicher Ideologien. Das amerikanische Antitrustrecht traf nach 1945 in Deutschland auf die kontinentaleuropäische Kartellrechtstradition. Die alliierte Kartellpolitik der USA wurde eng mit der Frage nach deutscher Souveränität und deutschem Wirtschaftssystem verknüpft. Gleichzeitig gibt es einen Zusammenhang zwischen deutscher und europäischer Kartellpolitik. Beide wurden als gemeinsames Konzept von übereinstimmenden Entscheidungsträgern geschaffen. Wirtschaftliche, rechtliche und politische Erwägungen flossen wie in kaum einem anderen Rechtsgebiet zusammen. Lisa Murach-Brand untersucht an Hand von teilweise bisher noch unveröffentlichten Quellen aus den Bundesarchiven in Koblenz, London und Washington D.C., wie Menschen und Mächte auf die Entstehung des GWB eingewirkt haben.

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Book SynopsisDie Existenz nichtehelicher Lebensgemeinschaften in verschiedensten Formen in den westlichen Ländern ist ein unumstößliches Faktum. Mangels umfassender gesetzlicher Rahmenbedingungen besteht für diese Lebensgemeinschaften jedoch eine Fülle von Rechtsproblemen, so etwa bei der Auflösung der Lebensgemeinschaft durch Trennung oder Tod und bei nichtehelichen Kindern. Angesichts dieser Tatsachen darf sich der Gesetzgeber nicht länger der Lösung dieser Rechtsprobleme verschließen. Kernfrage hierbei bleibt, wie weit Regelungen greifen sollen, insbesondere in Hinblick darauf, dass eine Vielzahl der Menschen in nichtehelichen Lebensgemeinschaften sich gerade bewusst gegen eine enge Rechtsbeziehung entschieden hat. Eine mögliche künftige Regelung steht daher ganz zwischen zwei Polen: Dem Schutzbedürfnis der schwächeren Partei und der Kinder einerseits und der Privatautonomie andererseits. Zahlreiche Länder verfügen über sehr unterschiedliche Gesetze zu nichtehelichen Lebensgemeinschaften. Vor dem Hintergrund der langsamen, aber stetigen Heranbildung erster Strukturen eines "europäischen Familienrechts" können rechtsvergleichende Erfahrungen helfen, ein Modell für Deutschland zu entwickeln.

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Book SynopsisGeistiges Eigentum gewinnt stetig an Wert und Bedeutung. Zunehmend stellt sich daher auch die Frage, wie Geistiges Eigentum als Kreditsicherheit neue Finanzierungsmöglichkeiten für innovatives Unternehmertum eröffnen kann. Maximilian Decker geht dieser Frage zunächst im Rahmen der aktuellen deutschen Rechtslage nach und stellt dar, wie Immaterialgüterrechte und Lizenzen als Kreditsicherheit eingesetzt werden können. In einem zweiten Teil stellt er den UNCITRAL Legislative Guide on Secured Transactions und dessen immaterialgüterspezifischen Annex näher vor. Beide enthalten umfangreiche Vorschläge, wie nationale Kreditsicherungssysteme gerade auch im Hinblick auf den Einsatz Geistigen Eigentums optimiert werden könnten. Der Autor untersucht Möglichkeiten zur Reformierung des deutschen Kreditsicherungsrechts anhand dieser Empfehlungen und entwirft eigene Vorschläge für die insoweit notwendige insolvenzsichere Ausgestaltung von Lizenzen.

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Book SynopsisIn der europaweit geführten Diskussion über Verfahren des kollektiven Rechtsschutzes rücken anstelle der Sammelklagen zunehmend Instrumente der einvernehmlichen Streitbeilegung in den Mittelpunkt. Anstatt auf Anspruchsprüfung und Urteil sind Gruppenvergleichsverfahren ausschließlich auf den Abschluss eines gerichtlichen Vergleichs unter den zahlreichen Parteien ausgerichtet. Matthis Peter untersucht aus vergleichender Perspektive die Funktionsweise und die Wirksamkeit ausgewählter Gruppenvergleichsverfahren in den USA, den Niederlanden und Deutschland. Auf Basis der Länderberichte diskutiert er mit Blick auf einen schweizerischen Gesetzesentwurf einige Kernprobleme dieses relativ neuartigen Verfahrensansatzes.

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Book SynopsisContributions from members of the German Association for Comparative Law will be among the papers presented at this summer's twentieth International Congress of Comparative Law, to be held for the first time in Asia at Fukuoka, Japan, in July. In a strong range of topics, one focus during the six-day congress will be on questions of multiculturalism and language that concern both comparative law methodology and other legal fields such as family law. Further dealt with will be matters particularly relevant to consumer protection, ranging from choice of court agreements to price control in contracts, duty of information, the regulation of crowd-funding, as well as leisure and travel contracts. Another focus will be on digitalisation's far-reaching economic, societal and legal implications, with questions of data protection in the realm of comparative law accentuated by contributions on the right to be forgotten or current national legal orders. Overall, the volume will reflect the present state of discussions within German jurisprudence. With contributions by:Christina Breunig, Moritz Brinkmann, Johanna Croon-Gestefeld, Anatol Dutta, Katharina Erler, Matthias Fervers, Stefan Grundmann, Beate Gsell, Dirk Hanschel, Wolfgang Hau, Leonhard Hübner, Luca Kaller, Jürgen Kühling, Sebastian Mock, Joachim Münch, David Rüther, Anne Sanders, Bianca Scraback, Stefanie Schmahl, Martin Schmidt-Kessel, Boris Schinkels, Andreas Spickhoff, Klaus Tonner; Jan Thiessen, Tobias H. Tröger, Lars Viellechner, Marc-Philippe Weller, Matthias Weller, Bettina Weisser

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Book SynopsisThis book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction. Table of Contents1. General Introduction.- 2. Rule-of-law and Judicial Federalism: The Role of Ordinary Courts in the Enforcement of Constitutional Rights.- 3. Constitutional Review in the United States of America: Does “Diffused” mean Complete Decentralization?.- 4. The German System of Constitutional Review: Prototype of a Concentrated Model?.- 5. Constitutional Review in Mexico: A Best of All Worlds Solution?.- 6. General Conclusions.

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Book SynopsisArbitration is an essential component in business. In an age when transparency is a maxim, important issues which the laws governing arbitration currently fail to address are the extent to which disclosure of information can be constrained by private agreement along with the extent to which the duty to preserve confidentiality can be stretched. Absent a coherent legal framework and extensive qualitative and quantitative data, it is equally difficult to suggest and predict future directions. This book offers a tool for attaining centralised access to otherwise fragmentary and dispersed material, as well as a comprehensive analysis and detailed exposition of the position in relation to confidentiality in arbitration in the jurisdictions of England, USA, France and Germany. Table of ContentsThe History, Importance and Modern Use of Arbitration.- Problems and Questions Encountered in Relation to Confidentiality in Arbitration.- The Present Status of Confidentiality in International Commercial Arbitration in the Various Jurisdictions.- Critical Analysis, Overall Assessment and Discussion.- Transnational Law and Arbitration.- Towards a Uniform Arbitration Law?.- Conclusions.

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Book SynopsisClimate Change and the Law is the first scholarly effort to systematically address doctrinal issues related to climate law as an emergent legal discipline. It assembles some of the most recognized experts in the field to identify relevant trends and common themes from a variety of geographic and professional perspectives.In a remarkably short time span, climate change has become deeply embedded in important areas of the law. As a global challenge calling for collective action, climate change has elicited substantial rulemaking at the international plane, percolating through the broader legal system to the regional, national and local levels. More than other areas of law, the normative and practical framework dedicated to climate change has embraced new instruments and softened traditional boundaries between formal and informal, public and private, substantive and procedural; so ubiquitous is the reach of relevant rules nowadays that scholars routinely devote attention to the intersection of climate change and more established fields of legal study, such as international trade law.Climate Change and the Law explores the rich diversity of international, regional, national, sub-national and transnational legal responses to climate change. Is climate law emerging as a new legal discipline? If so, what shared objectives and concepts define it? How does climate law relate to other areas of law? Such questions lie at the heart of this new book, whose thirty chapters cover doctrinal questions as well as a range of thematic and regional case studies. As Christiana Figueres, Executive Secretary of the United Nations Framework Convention on Climate Change (UNFCCC), states in her preface, these chapters collectively provide a “review of the emergence of a new discipline, its core principles and legal techniques, and its relationship and potential interaction with other disciplines.”Trade ReviewFrom the reviews:“This edited collection provides a unique contribution to the scholarship debate on climate change. … This volume is thus a solid collection of pieces which I would certainly recommend to anyone who wish to gain an improved understanding of the complex web of legal norms addressing climate change. … the book also represents an interesting reference tool for policy makers and practitioners involved in the ongoing discussions on climate change regulation and governance.” (Emanuela Orlando, Cambridge Law Journal, Vol. 72 (3), November, 2013)Table of ContentsTable of Contents.- Contributors.- Abbreviations.- 1. Introduction: Climate Change and the Law; Erkki J. Hollo, Kati Kulovesi and Michael Mehling.- Part I: Climate Law as an Emerging Discipline.- 2. Implementing Climate Law: Instrument Choice and Interaction; Michael Mehling.- 3. Exploring the Landscape of Climate Law and Scholarship: Two Emerging Trends; Kati Kulovesi.- 4. Climate Change and Justice: Perspectives of Legal Theory; Felix Ekardt.- Part II: International Climate Law.- Section I: Architecture and Institutions.- 5. Foundations of International Climate Law: Objectives, Principles and Methods; Rowena Maguire.- 6. Alternative Venues of Climate Cooperation: An Institutional Perspective; Camilla Bausch and Michael Mehling.- 7. Analyzing Soft Law and Hard Law in Climate Change; Antto Vihma.- 8. Compliance and Enforcement in the Climate Change Regime; Meinhard Doelle.- Section II: Cross-Cutting Issues.- 9. The New Framework for Climate Finance under the United Nations Framework Convention on Climate Change: A Breakthrough or an Empty Promise?; Yulia Yamineva and Kati Kulovesi.- 10. Climate Justice: The Clean Development Mechanism as a Case Study; Tomilola Eni-ibukun.- 11. Legal Aspects of Climate Change Adaptation; Jonathan Verschuuren.- 12. Climate Change and Human Rights; Timo Koivurova, Sébastien Duyck and Leena Heinämäki.- Section III: Sectoral Issues.- 13. Managing the Fragmentation of International Climate Law; Harro van Asselt.- 14. No Need to Reinvent the Wheel for a Human Rights-Based Approach to Tackling Climate Change: The Contribution of International Biodiversity Law; Elisa Morgera.- 15. The Role of REDD in the Harmonization of Overlapping International Obligations; Annalisa Savaresi.- 16. Climate Change and Trade: At the Intersection of Two International Legal Regimes; Kati Kulovesi.- 17. Climate Law and Geoengineering; Ralph Bodle.- Part III: Comparative Climate Law.- 18. Climate Law in the United States: Facing Structural and Procedural Barriers; Michael Mehling and David Frenkil.- 19. Canada and the Kyoto Protocol: An Aesop Fable; Jane Matthews Glenn and Jose Otero.- 20. Climate Law in the European Union: Accidental Success or Deliberate Leadership?; Michael Mehling and Kati Kulovesi.- 21. Climate Law in Germany; Felix Ekardt.- 22. Climate Law in the United Kingdom; Colin T. Reid.- 23. Climate Law and Policy in Russia: A Peasant Needs Thunder to Cross Himself and Wonder; Yulia Yamineva.- 24. Australia: From ‘No Regrets’ to A Clean Energy Future?; Sharon Mascher and David Hodgkinson.- 25. Climate Law and Policy in Japan; Hitomi Kimura.- 26. Sustainable Development and Climate Policy and Law in China; Christopher Tung.- 27. India’s Evolving Climate Change Strategy; Namrata Patodia Rastogi.- 28. Climate Change Responses in South Africa; Ed Couzens and Michael Kidd.- 29. Climate Change Policy and Legislation in Brazil; Haroldo Machado Filho.- 30. Climate Law in Latin American Countries; Soledad Aguilar and Eugenia Recio.

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Book SynopsisReflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.Key features of the third edition include: Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond Focuses on legal method as well as substantive law Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information. With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.Trade Review‘I found this book impressively clear and readable, not academic or abstract in its approach but tied at every point to examples in English and civil law.’ -- Daphne Perry, The Law SocietyAcclaim for previous editions:Table of ContentsContents: Preface to the third edition PART 1 CONTRACTS 1. Introduction 2. Sources of contract law PART 2 THE FORMATION OF A CONTRACT 3. Offer and acceptance 4. The intention to create legal relations 5. Legal capacity of the parties 6. Formalities PART 3 THE CONTENTS OF THE CONTRACT 7. The party agreement: Interpretation and gap filling 8. The principle of good faith and policing unfair contract terms PART 4 VITIATING FACTORS 9. Defects of consent and misrepresentation 10. Prohibited contracts PART 5 CONTRACTUAL REMEDIES 11. Performance 12. Damages for non-performance 13. Termination of the contract PART 6 CONTRACTS AND THIRD PARTIES 14. Contracts and third parties Index

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Book SynopsisThis book provides a practical introductory guide to comparative law. Fernanda G. Nicola and GÃnter Frankenberg present and examine conventional and critical approaches to legal comparison, exploring its ramifications in the field and political effects.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisPreventing acts of terrorism remains one of the major tasks of domestic governments and regional and international organisations. Terrorism transcends borders, so anti-terrorism law must cross the boundaries of domestic, regional and international law. It also crosses traditional disciplinary boundaries between administrative, constitutional, criminal, financial, immigration, international and military law, as well as the law of war. This second edition provides a comprehensive resource on how domestic, regional and international responses to terrorism have developed since 2001. Chapters that focus on a particular country or region in the Americas, Europe, Africa and Asia are complemented by overarching thematic chapters that take a comparative approach to particular aspects of anti-terrorism law and policy.Table of Contents1. Introduction Kent Roach, Michael Hor, Victor V. Ramraj and George Williams; Part I. Transnational Perspectives: 2. The United Nations Security Council, terrorism and the rule of law C. H. Powell; 3. The impossibility of global anti-terrorism law? Victor V. Ramraj; 4. Transplantation Laura K. Donohue; Part II. Cross-Cutting Themes: 5. The criminal law and its less restrained alternatives Kent Roach; 6. Anti-terrorism laws: balancing national security and a fair hearing Nicola McGarrity and Edward Santow; 7. Legislating anti-terrorism: observations on form and process Andrew Lynch; 8. The financial war on terrorism Kevin E. Davis; 9. Our responsibility to respect the rights of others: legality and humanity Colin Harvey; 10. 'Prevent' responses to jihadi extremism Clive Walker and Javaid Rehman; Part III. Anti-Terrorism Law and Policy in Asia: 11. Singapore's anti-terrorism laws: reality and rhetoric Michael Hor; 12. Anti-terrorism efforts in Indonesia Hikmahanto Juwana; 13. The Human Security Act and the IHL law of the Philippines: of security and insecurity H. Harry L. Roque, Jr; 14. Responses to terrorism in China Fu Hualing; 15. Security laws for Hong Kong Simon N. M. Young; 16. Japan's response to terrorism post 9/11 Mark Fenwick; 17. Mapping anti-terror legal regimes in India Ujjwal Kumar Singh; Part IV. Anti-Terrorism Law and Policy in the West: 18. The United States a decade after September 11 William C. Banks; 19. UK counter-terror law post 9/11: initial acceptance of extraordinary measures and the partial return to human rights norms Helen Fenwick and Gavin Phillipson; 20. Canada's response to terrorism Kent Roach; 21. Anti-terror legislation in Australia and New Zealand George Williams; Part V. Anti-Terrorism Measures in the Middle East and Africa: 22. Terrorism and governance in South Africa and eastern Africa Chris Oxtoby and C. H. Powell; 23. Israel's anti-terrorism law: past, present and future Daphne Barak-Erez; 24. Rocks, hard places and human rights: anti-terrorism law and policy in Arab states Lynn Welchman.

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Book SynopsisIntroduces legal and ethical issues impacting artists, art collectors, dealers, and museums in today's international art markets. Highlights key international treaties and statutes, judicial decisions, and excerpts from scholarly and other publications to make legal and ethical issues in the world of the visual arts accessible and understandable.

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Book SynopsisThe state of English company law on minority shareholders' remedies is analysed in the light of the UK Law Commission, further appraised by the Company Law Review Steering Group. As well as considering the complexities of derivative actions and statutory minority remedies, this book discusses future directions for minority shareholders' remedies.Table of Contents1. The Rule in Foss v. Harbottle; 2. Shareholder actions by exception to the rule; 3. A new derivative action; 4. The statutory minority remedies; 5. Reforming the statutory remedies.

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Book SynopsisMore Disputes and Differences: Essays on the History of Arbitration and its Continuing Relevance, is the last volume worked on by Derek Roebuck, though not quite completed before his death in 2020. It has, therefore, been prepared for publication by his widow, and sometimes co-author, women's historian Susanna Hoe. It comprises articles, lectures and chapters dating from his 2010 volume Disputes and Differences: Comparisons in Law, Language and History. But, whereas the chapters of that earlier, thematic work were quite disparate, this book, particularly in part 1, 'The Past', encompasses the history of arbitration and mediation from prehistory to the early nineteenth century. What makes this volume particularly interesting is that it is possible, as chapter follows chapter, to deduce which of Derek Roebuck's multi-volume histories he was working on at the time, and what other works he was reading or hearing then. This is illustrated by the last essay in Part 1 - 'A Pinch of Reality: Private Dispute Resolution in 18th Century England (2019)'. Part 2 - 'Past, Present and Future' (2013) - starts with 'The Future of Arbitration' (2013) which embodies just that, ending with 'Keeping an Eye on Fundamentals' (2012). Part 3 - 'Language, Research and Comparison', features works that bow to the author's particular interests and their connection to arbitration and its history. And he had a rule that, where possible, he would suggest what research still needed to be done, hence 'ADR in Business: Topics for Research' (2012). The final chapter - 'Return to that Other Country: Legal History and Comparative Law' (2019) - one of the last pieces written, says it all.

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Book SynopsisThe idea that the state is a fiduciary to its citizens has a long pedigree - ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. This book is the first of its kind: a collection of chapters by leading writers on public fiduciary subject areas. The authors develop new accounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas. The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study.Trade Review'This excellent and novel volume seeks to reinstate the fiduciary principle to its historic place in regulating a government's relationship with its people. After two centuries of neglect, a growing number of mainly North American scholars have embarked enthusiastically on this task. They have recognized, correctly, that resort to this principle, with necessary modernization, is capable ultimately of providing greater clarity, coherence and guidance in legal and political thought than that which prevails today.' The Honourable Justice Paul Finn, Federal Court of Australia'The fiduciary theory of government holds that governments and government officials only hold power in trust for the benefit of others; therefore they have special duties of fairness and good faith. Debating both the attractions and the problems of the fiduciary conception, these essays are a valuable addition to a growing literature.' Jack M. Balkin, Yale Law SchoolTable of ContentsIntroduction. Fiduciary government: provenance, promise, and pitfalls Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim and Paul B. Miller; Part I. Modes of Governance: 1. Fiduciary representation Paul B. Miller; 2. Two problems of fiduciary government D. Theodore Rave; 3. Guardians of legal order: the dual commissions of public fiduciaries Evan J. Criddle and Evan Fox-Decent; 4. Fiduciary theory: the missing piece for positive rights Laura S. Underkuffler; Part II. Historical Approaches: 5. 'The state is a minor': fiduciary concepts of government in the Roman law of guardianship Daniel Lee; 6. Fiduciary government and government officers' incentives Nicholas R. Parrillo; Part III. The Problem of Legitimacy: 7. Fiduciary political theory and legitimacy Stephen R. Galoob and Ethan J. Leib; 8. The state as a wrongful fiduciary Andrew S. Gold; Part IV. Corruption and Breach of Trust: 9. The Supreme Court's fiduciary duty to forgo gifts Sung Hui Kim; 10. Congressional officials and the fiduciary duty of loyalty: lessons from corporate law Donna M. Nagy; 11. The American law of local officials as fiduciaries: lessons on fiduciary government's potential and limits Nadav Shoked; Part V. Skeptical Challenges: 12. Pluralism and the public trust Seth Davis; 13. The public trust Timothy Endicott.

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Book SynopsisThis volume showcases the most recent research on the future of the legal and judicial landscape in East Asia and its renewed respect for the rule of law in the 21st century. The book features research on emerging judicial stratifications in the legal profession; war crimes and their legacies in the post-colonial era; citizens' participation in the justice system; gender, law, legal culture and profession as well as environmental justice.Trade ReviewThis collection of articles provides an impressive one-stop shop for readers who want a landscape portrait of law in East Asia in the early twenty-first century. The breadth of coverage makes the task of a reviewer difficult, as each contribution stands on its own as a piece of scholarship about a particular topic in a particular place. Nevertheless, read together, the articles do achieve a sense of unity as a compendium of themes and trends in the region’s legal systems. Dan Rosen, Asian Journal of Law and Society 3,2 (2016)Table of ContentsForeword: Asia’s Changing Legal and Judicial Landscape Tom Ginsburg List of Contributors List of Figures and Tables Introduction Setsuo Miyazawa, Weidong Ji, Hiroshi Fukurai, Kay-Wah Chan and Matthias Vanhullebusch part 1 Emerging Judicial Stratifications in Legal Profession The Development and Prospect of Legal Aid in China’s Criminal Trial Weimin Zuo Stratification or Diversification? 2011 Survey of Young Lawyers in Japan Setsuo Miyazawa, Atsushi Bushimata, Keiichi Ageishi, Akira Fujimoto, Rikiya Kuboyama and Kyoko Ishida part 2 War Crimes and Their Legacies in the Post-Colonial Era Justice Delayed: Post-Colonial Hauntings in the Khmer Rouge Tribunal Hybrid Court System Yvonne Y. Kwan “Post-Colonial” Legal Interpretation in Macau, China: Between European and Chinese Influences Denis de Castro Halis The Right to Truth and the Legacies of World War II: A Way Forward for China? Matthias Vanhullebusch part 3 Citizens’ Participation in the Justice System China’s Lay Participation in the Justice System: Surveys and Interviews of Contemporary Lay Judges in Chinese Courts Zhuoyu Wang and Hiroshi Fukurai What’s Happening in the Jury Room? Analyzing Shadow Jury Deliberation in Korea Jae-Hyup Lee, Jisuk Woo, June Woong Rhee, Jeong Min Choi and Hyunki Shin Outlook and Contents of the “Civil Tribunal System” as Proposed by the Japan Federation of Bar Associations (JFBA) Harumi Takebe part 4 Gender and Law Changes in Gender Composition and the Future of Gender Balance in the Legal Professions in Korea Haesook Kim Gender, Law and Legal Professions in China Xiaonan Liu part 5 Environmental Justice and Legal Culture China’s Past, Present and Future Approach to Climate Change Patricia Blazey and Xiangbai He Thailand’s Climate Policy and Law in the Making: Can the Tradition of Thai Civil Law Cope with Climate Governance? Kridtiyaporn Wongsa Legal Instrumentalism in China: The Case of Hukou Legislation in Beijing and Shenzhen Qiqi Fu and Paola Pasquali Invisible People, Pollution, and Places: Nuclear Contamination on the Tibetan Plateau, Himalayan Rivers, and Water Users Abigail Brown Bibliography Author Index Subject Index

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Book SynopsisIn this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders.  Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.

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Book SynopsisAlthough the trust is generally seen as a creation of the common law tradition, modern civilian systems are increasingly interested in incorporating the trust institution. This collection of essays explores multiple civilian experiences with the trust. The reform of Quebec''s trust institution attracted worldwide attention in 1994. Louisiana''s 1964 Trust Code stands in an uneasy relationship with its general law of property. Israel has had a fascinating pluralist experience of multiples trusts. The People''s Republic of China passed a Trust Law in 2001 and the development of the trust in this important economy is a matter of great interest and some controversy. France adopted a trust in 2007, and in Italy, trusts can be created through the choice of foreign governing law, under the Hague Trusts Convention. The concluding chapter draws conclusions from all the essays and sets out challenges for future research in the comparative law of trusts.Table of ContentsIntroduction Lionel Smith; 1. Reflections regarding the diversity of ways in which the trust has been received or adapted in civil law countries Madeleine Cantin Cumyn; 2. Recognition of common law trusts in civil law jurisdictions under the Hague Trusts Convention with particular regard to the Italian experience Michele Graziadei; 3. Express trusts in Israel/Palestine: a pluralist trusts regime and its history Adam Hofri-Winogradow; 4. Truth and reconciliation: notions of property in Louisiana's civil and trust codes Michael McAuley; 5. Trust laws in China: history, ambiguity, and beneficiaries' rights Lusina Ho; 6. The French Fiducie or the chaotic awakening of a sleeping beauty François Barrière; 7. The re-imagined trust Lionel Smith.

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Book SynopsisAddressing the four principal areas of water law, this timely book designs and develops an original, analytical framework for water law reform processes, using case studies from four different jurisdictions. Ideal for academics and students in environmental law and resource management, as well as policy makers and NGOs.Table of Contents1. Policy context; 2. Integrated water resource management and river basin planning; 3. Water rights and allocation; 4. Water pollution and water quality; 5. Governance and regulation of water services; 6. General conclusions; References; Index.

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Book SynopsisSince the proclamation of the Universal Declaration of Human Rights, over 165 countries have incorporated human rights standards into their legal systems: the resulting jurisprudence from diverse cultural traditions creates new dimensions to concepts first articulated in 1948. In this revised second edition, Nihal Jayawickrama draws on extensive sources to encapsulate the judicial interpretation of human rights law in one comprehensive volume. Jayawickrama covers the case law of the superior courts of 103 countries in America, Europe, Africa, Asia, the Caribbean and the Pacific, as well as jurisprudence of human rights monitoring bodies. He analyses the judicial application of human rights law to demonstrate empirically the universality of contemporary human rights norms. This definitive volume is essential for legal practitioners, and government and non-governmental officials, as well as academics and students of both constitutional law and the international law of human rights.Table of ContentsPreface to the second edition; Preface; Table of cases; Part I. Introduction: 1. Historical and juridical background; 2. The international bill of human rights; 3. The domestic protection of human rights; 4. The right to a remedy; Part II. General Principles: 5. Interpretation; 6. Non-discrimination; 7. Limitations; 8. Derogation; Part III. The Substantive Rights: 9. The right of self-determination; 10. The right to life; 11. The right to freedom from torture; 12. The right to freedom from slavery; 13. The right to liberty; 14. The rights of prisoners; 15. The right to freedom of movement; 16. The right to a fair trial; 17. The rights of accused persons; 18. The right to recognition as a person; 19. The right to privacy; 20. The right to freedom of thought; 21. The right to freedom of expression; 22. The right to freedom of assembly; 23. The right to freedom of association; 24. The right to family life; 25. The rights of the child; 26. The right to participate in public life; 27. The right to equality; 28. The rights of minorities; 29. The rights relating to work; 30. The rights relating to social security; 31. The right to an adequate standard of living; 32. The right to health; 33. The right to education; 34. The right to cultural life; 35. The right to property.

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Book SynopsisThis three-volume set contains the results of the second and final stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems and getting them to work collaboratively, the books produce a more nuanced comparative legal history and one which is theoretically better informed. Also available, the six-volume set containing the results of the first stage of this project.

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Book SynopsisConflict of interest occurs at all levels of governance, ranging from local to global, both in the public and the corporate and financial spheres. There is increasing awareness that conflicts of interest may distort decision-making processes and generate inappropriate outcomes, thereby undermining the functioning of public institutions and markets. However, the current worldwide trend towards regulation, which seeks to forestall, prevent and manage conflicts of interest, has its price. Drawbacks may include the stifling of decision-making processes, the loss of expertise among decision-makers and a vicious circle of distrust. This interdisciplinary and international book addresses specific situations of conflict of interest in different spheres of governance, particularly in global, public and corporate governance.Table of ContentsPart I. General: 1. Conflict of interest as a cross-cutting problem of governance Anne Peters; 2. Conflict of interest from the perspective of the sociology of organised action Erhard Friedberg; 3. Empirical research on conflict of interest: a critical look Michael Davis; Part II. Global Governance: 4. Conflict of interest of international civil servants Auguste Nganga Malonga; 5. How to start thinking about conflict of interest in global governance? René Urueña; 6. Conflict of interest in international investment arbitration August Reinisch and Christina Knahr; 7. Conflict of interest in universal human rights bodies Michal Davala; Part III. Public Governance: 8. Conflict of interest and administrative law Jean-Bernard Auby; 9. Conflict of interest and the administration of public affairs – a local perspective Benjamin Schindler; 10. A dilemma in the separation of powers: public servants as legislators Thomas Braendle and Alois Stutzer; 11. Politicians as judges? Conflict of interest in Swiss parliament during decisions on the validity of popular initiatives Anna Christmann; 12. Private vices, public benefits? Small-town bureaucratization in Namibia Gregor Dobler; 13. Conflict of interest of heads of state: the example of Madagascar Jan Christoph Richter; Part IV. Corporate and Financial Governance and the Professions: 14. Conflict of interest: compliance and its contribution to corporate governance in the financial services sector Monika Roth; 15. Conflict of interest and the furore over banker compensation Andrew Stark; 16. Conflict of interest related to management and board payments – profit-based remuneration systems make things worse Lukas Handschin; 17. Taking conflict of interest in corporate law seriously – direct and indirect rules addressing the agency problem Rashid Bahar and Antoine Morand; 18. Conflict of interest at the bedside: surrogate decision making at the end of life Susan P. Shapiro; Part V. Conclusion: 19. Managing conflict of interest: lessons from multiple disciplines and settings Anne Peters.

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Book SynopsisContaining contributions by leading historians, lawyers and sociologists, this book examines the formative processes underlying the legal order of contemporary Europe. It offers sociological explanations of both the national and the supranational factors which have shaped the European legal structure.Table of Contents1. Introduction: law and the formation of modern Europe: perspectives from the historical sociology of law Mikael Rask Madsen and Chris Thornhill; Part I. Legal Institutions and European State Formation: 2. Fascism and European state formation: the crisis of constituent power Chris Thornhill; 3. The beginnings of constitutional justice in Europe Thomas Olechowski; 4. Judicialization in sociohistorical perspective – lessons from the case of France Antoine Vauchez; 5. Towards a sociology of intermediary institutions: the role of law in corporatism, neo-corporatism and governance Poul Kjaer; Part II. Law and Europe's Ideological Transformations: 6. Private, public and collective: the twentieth century in Italy from fascism to democracy Irene Stolzi; 7. Nazism and its legal aftermath: coming to terms with the past after World War II Ditlev Tamm; 8. Between socialism and liberalism: law, emancipation and 'solidarność' Jacek Kurczewski; Part III. Law and the Supranational Reinvention of Europe: 9. Europe in crisis – an evolutionary genealogy Hauke Brunkhorst; 10. International human rights and the transformation of European society: from 'free Europe' to Europe of human rights Mikael Rask Madsen; 11. Lawyers and the transformations of the fields of state power: osmosis, hysteresis and aggiornamento Yves Dezalay and Bryant Garth.

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Book SynopsisThis book is a comprehensive review and analysis of the reserve powers and their exercise by heads of state in countries that have Westminster systems. It addresses the powers of the Queen in the United Kingdom, those of her vice-regal representatives, and those of heads of state in the less studied realms and former colonies that are now republics. Drawing on a vast range of previously unpublished archival and primary material, The Veiled Sceptre contains fresh perspectives on old controversies. It also reveals constitutional crises in small countries, which have escaped the notice of most scholars. This book places the exercises of reserve powers within the context of constitutional principle and analyses how heads of state should act when constitutional principles conflict. Providing an unrivalled contemporary analysis of reserve powers, it will appeal to constitutional scholars worldwide and others involved in the administration of systems of responsible government.Table of Contents1. Prerogative and reserve powers; 2. Advice to and from the head of state; 3. Appointment of the chief minister; 4. Dismissal of governments; 5. Dissolution; 6. Caretaker conventions; 7. Summoning parliament; 8. Prorogation; 9. Royal assent; 10. The rejection of advice to act illegally or unconstitutionally; 11. Appointment and dismissal of vice-regal officers.

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Book SynopsisThe rise of Asia in global political and economic developments has been facilitated in part by a profound transformation of Asian courts. This book provides the most up-to-date and comprehensive analysis of these courts, explaining how their structures differ from courts in the West and how they have been shaped by the current challenges facing Asia. Contributors from across the continent analyze fourteen selected Asian jurisdictions representing varying degrees of development: Japan, Korea, Taiwan, India, Indonesia, Mongolia, the Philippines, Hong Kong, Singapore, Bangladesh, Malaysia, Thailand, China and Vietnam. Setting the courts of each region in the context of their country''s economic, political, and social dynamics, this book shows how and why Asian courts have undergone such profound transformations in recent years and predicts the future trajectories of tradition, transition and globalization to suggest the challenges and developments that lie ahead.Trade Review'Asian Courts in Context is a valuable addition to a growing collection academic texts which, increasingly, focus on the practical and institutional sides of the judicial and courts components of government. It would be a useful addition to law library reference collections in law schools, international law firms, international investment advisors, and multi-national corporations with subsidiaries or divisions in one or more of the countries represented. Law and political science faculty who specialize in court systems will find it an important addition to their personal libraries and might even consider it as the primary text for a graduate- level survey course comparing Asian court and justice systems … The editors have produced a work that not only contributes substantially to our understanding of court systems in Asian states but makes for an interesting read.' Markus Zimmer, International Journal for Court AdministrationTable of Contents1. Introduction: Asian courts in context: tradition, transition and globalization Jiunn-rong Yeh and Wen-Chen Chang; Part I: 2. Towards a more responsive judiciary: courts and judicial power in Japan Norikazu Kawagishi; 3. Courts in the Republic of Korea: featuring a built-in authoritarian legacy of centralization and bureaucratization Jongcheol Kim; 4. Courts and judicial reform in Taiwan: gradual transformations towards the guardian of constitutionalism and rule of law Wen-Chen Chang; 5. Hong Kong: common law courts in China Pui Yin Lo; 6. As efficient as the best businesses: Singapore's judicial system Kevin Y. L. Tan; Part II: 7. Legitimacy of courts and the dilemma of their proliferation: the significance of judicial power in India Jayanth Krishnan; 8. Courts in Indonesia: a mix of Western and local character Hikmahanto Juwana; 9. The fledgling courts and adjudication system in Mongolia Batbold Amarsanaa; 10. The Philippines' post-Marcos judiciary: the institutional turn in a populist democracy Raul C. Pangalangan; 11. Courts in Malaysia and judiciary initiated reforms Yeow Choy Choong; 12. Courts in Thailand: progressive development as the country's pillar of justice Pawat Satayanurug and Nattaporn Nakornin; 13. Courts and the adjudication system in Bangladesh: in quest of viable reforms Ridwanul Hoque; 14. Courts in China: judiciary in the economic and societal transitions Weixia Gu; 15. Renovating courts: the role of courts in contemporary Vietnam Pip Nicholson; 16. Conclusion: challenges and prospects for Asian courts Jiunn-rong Yeh and Wen-Chen Chang.

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Book SynopsisTalmudic legislation prescribed penalty for a Jew to testify in a non-Jewish court, against a fellow Jew, to benefit a gentile - for breach of a duty of loyalty to a fellow Jew. Through close textual analysis, Saul Berman explores how Jewish jurists responded when this virtue of loyalty conflicted with values such as Justice, avoidance of desecration of God''s Name, deterrence of crime, defence of self, protection of Jewish community, and the duty to adhere to Law of the Land. Essential for scholars and graduate students in Talmud, Jewish law and comparative law, this key volume details the nature of these loyalties as values within the Jewish legal system, and how the resolution of these conflicts was handled. Berman additionally explores why this issue has intensified in contemporary times and how the related area of ''Mesirah'' has wrongfully come to be prominently associated with this law regulating testimony.Trade Review'This is a fascinating book about the history of a particular halachic (Jewish legal) concept; namely, the issue of a Jew providing testimony against a fellow Jew in a non-Jewish court. … The book is a masterpiece of legal analysis and a brilliant case study of tracing an interesting and relevant legal concept through nearly two thousand years of legal history. … The writing is clear and lucid, and even though it is structured in a manner similar to a legal treatise, this book can be understood by anyone interested in the subject matter at hand or someone with an even basic familiarity with Jewish law.' David Tesler, Association of Jewish LibrariesTable of ContentsAcknowledgements; Introduction; 1. The use of non-Jewish courts: the Tannaitic period; 2. Legislative constraint on testimony: the Amoraic period; 3. Rejected rationales of testimonial restriction: the Gaonic period into the period of the Rishonim; 4. Creation of a duty to testify against fellow Jews in non-Jewish courts in the period of the Rishonim: i.e. under what circumstances could testimony in an honest non-Jewish court be required by Jewish law (and testimony then be permissible even in corrupt non-Jewish courts)?; 5. The tension between responsa and codification: not every good ruling makes a good rule Maharam Mintz, Rabbi Joseph Caro and Rabbi Moshe Isserlis; 6. Further expansion of the duty to testify against fellow Jews in non-Jewish courts in the period of the Acharonim: R. Yaacov Emden; 7. Contemporary attempts to revert to the original law of Rava: expanding the boundaries of loyalty; 8. Conclusion: reflections on loyalty and law; Bibliography; Index.

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Book SynopsisThis book appeals to a broad range of researchers and practitioners whose work engages with intellectual property and international trade. Lawyers, economists, international relation specialists, and policymakers will find much of value in this book, especially those wanting to learn more about comparative and international law.Trade Review'A first-rate transnational survey on the exhaustion question addressing a range of critical issues.' Frederick Abbott, Edward Ball Eminent Scholar Professor of Law, Florida State University College of Law'Great achievement by two prominent scholars! Drawing on case law, comparative law and clear examples and implications, Calboli and Ghosh have produced a first-class analysis of the intricacies of the key questions and the policies underlying the choice of exhaustion regime. Its comprehensive analysis of different IP regimes and the enlightening interactions with international trade, the digital environment, competition law, makes this instructive and attractively written book a must for policy makers, professionals and academics.' Pedro Roffe, Senior Fellow, International Center for Trade and Sustainable Development (ICTSD)'This book addresses the most important feature of intellectual property rights from the perspective of international trade. Discussing a range of exhaustion topics - from recent changes in the US law of exhaustion to the challenges of exhaustion in the digital realm - Professors Ghosh and Calboli share their vast knowledge of comparative intellectual property law and offer a thoughtful overview of the complex landscape of the exhaustion principle.' Marketa Trimble, Samuel S. Lionel Professor of Intellectual Property Law, William S. Boyd School of Law, University of Nevada, Las Vegas"The authors have given us an invaluable treatise covering both the legal and economic aspects of the complex subject of parallel imports and the doctrine of exhaustion of intellectual property rights. This book - which is very readable - should be an essential resource for intellectual property scholars from the disciplines of both law and economics.' Jayashree Watal, Counsellor, Intellectual Property, Government Procurement and Competition Division, World Trade OrganizationTable of ContentsForeword Jerome Reichman; 1. The persistent policy pull of exhaustion; 2. Incentives and exhaustion policy; 3. Exhaustion and international trade; 4. Trademark exhaustion across jurisdictions; 5. Patent exhaustion across jurisdictions; 6. Copyright exhaustion across jurisdictions; 7. Overlapping rights and exhaustion; 8. Exhaustion in the digital age; 9. Exhaustion policy: challenges and choices.

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Book SynopsisTax scholars traditionally emphasize economics and assume that all tax systems can be evaluated in more or less the same way. By applying the insights of anthropology, sociology, and other social sciences, Michael A. Livingston demonstrates that tax systems frequently pursue different values and that the convergence of tax systems is frequently overstated. In Tax and Culture, he applies these insights to specific countries, such as China and India, and specific tax issues, including progressivity, tax avoidance, and the emerging area of environmental taxation. Livingston concludes that the concept of a global tax culture is, in many cases, merely a reflection of Western hegemony, and is unlikely to survive the changes implicit in the rise of non-Western nations and cultures.Trade Review'The book Tax and Culture: Convergence, Divergence, and the Future of Tax Law, by Michael Livingston, makes an exceptionally valuable contribution to the field of critical tax scholarship, and to tax legal scholarship more broadly.' Ann Mumford, British Tax ReviewTable of Contents1. Introduction: comparative law and its relevance to the tax field; 2. Tax anthropology: attitudes, behaviors, and the role of historical contingencies; 3. Tax sociology: the significance of tax institutions; 4. Convergence, divergence, and the persistence of national differences; 5. Case studies I: the tax cultures of selected Western and nonwestern countries; 6. Case studies II: progressivity, tax avoidance, and environmental taxes; 7. Conclusion: the limits of globalization and the continuing importance of culture.

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